Terms of Use

Terms

To register for the portal, you must accept the Terms of Use (Terms).

Before you register

By creating a portal account, you are agreeing to be bound by these Terms and to comply with all of your responsibilities, as set out in these Terms.

Terminology

In these Terms:

'you' and 'your' refers to each registered user of the portal as an individual person and any organisation they may represent through use of the portal.
'we', 'us' and 'our' refers to the Department of Industry, Science and Resources (the department).

Legally binding agreement

By registering for, accessing or using the portal, you acknowledge that you have read, accepted and agreed to be bound by these Terms and any guidance or instructions we provide.

You should consider any additional guidance or instruction we provide, as part of these Terms.

If any part of the Terms is found to be invalid or unenforceable then the remaining provisions of the Terms will remain in full force and effect.

Acceptable use

In accessing and using this portal, you agree:

that you may only use the portal in accordance with these Terms, and all notices, guidelines and other instructions we provide or advise you of from time to time
to provide true and correct information to us via this portal
not to falsely represent your authority
not to impersonate any person or falsely represent your association with any person or organisation
not to provide false and misleading information
not to access or attempt to access information that you are not authorised to
not to interfere with the rights of others to use the portal
not to attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the portal, including the use of automated tools
that you are responsible for any damage to your computer, systems or software caused by your use of this portal, including by any virus (irrespective of the origin of the virus) arising from your use of the portal
that you are responsible for accessing and reading notices and information provided by us in relation to the provision of services via this portal
that you will be deemed to have received email notices sent by us to your registered email address when they have been received by your email system
that you will be deemed to have received one-time codes sent by us to your registered phone number when such notifications have been received by your device, and
that you are responsible for actively managing communication items that we send to your portal account.
that the portal may be unavailable and subject to interruptions and your use of the portal is on an ‘as is, as available’ basis only.
that you will not do an act or engage in a practice that would breach an Australian Privacy Principle under the Privacy Act 1988 if done or engaged in by the department.
that you must comply with all applicable laws and regulations.

Access and password

When you register for use of the portal, you provide a password that you later use along with your username (email address) to log on to the portal.

Encryption together with your username and password ensures the confidentiality, integrity and authenticity of your electronic transactions. It is your responsibility to protect your password from disclosure to unauthorised individuals. Do not distribute or publish, in any form, this information to unauthorised individuals.

You agree to:

be responsible for all activities that occur under your username and password
maintain the confidentiality of your password
change your password on a regular basis
not save your password on the computer that you are using to access this portal
change your password if it becomes known to anyone unauthorised
contact us if your username or password have been lost, stolen or otherwise compromised, and
log out at the end of each session.

Submissions and communications using the portal

We will confirm that you have successfully made a submission via the portal and will provide you with both on-screen and email confirmation where appropriate. Where you do not receive any confirmation that your submission was successful, it is your responsibility to re-submit. We are not liable for your failure to take such remedial action.

Security

It is a condition of you using the portal that you must not:

tamper with other accounts, or commit unauthorised intrusion into any part of the portal
attempt to bypass any security controls
use the portal in a manner that encumbers disk space, processors or other system resources
make deliberate attempts to interfere with the functionality of the portal, overload the portal or attempt to disable a host
attempt to use the portal without authorisation, or
transmit any file with malicious content.

Privacy

Your personal information is protected by law under the Privacy Act 1988 and is managed by the department (as the administrator of the portal).

If you are completing a portal form on behalf of another person or providing another person's personal information, you must obtain consent from them.

By completing any portal form, you provide your consent to your personal information being collected and handled for the purpose of using the portal and in the administration of the department.

If you do not provide the personal information required, we may not be able to process the form.

We will not disclose your personal information unless required or authorised by law.

The information in your portal account can only be accessed by departmental officers who are authorised to access this information. We monitor all access by our staff who are trained on a regular basis about their privacy and security obligations as Commonwealth employees.

For further information about how the department handles personal information, please see our privacy policy.

Liability and indemnity

You agree that the department will not be liable to you or your organisation for any loss or damage whatsoever that you or your organisation suffers or may suffer that arises directly or indirectly from:

your use of, or inability to use, this portal
unauthorised access to or alterations of your transmissions or data
activities resulting from the loss or misuse of your username and password
any attempt to use the portal without authorisation. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, harmful alterations of services, harmful and malicious destruction of data, injection of computer viruses, distribution of viruses through the use of the portal, intentional invasion of privacy, and reading of files without authorisation, or
any other matter relating to the portal.

You and your organisation agree to indemnify and hold harmless the department from and against any loss, damage, cost, expense, claim, proceeding or liability of any kind that we may incur to any third party that arises directly or indirectly from:

your breach of these Terms, or
your use of this portal and your activities in connection with this portal, except to the extent that any such loss, damage, cost, expense, claim proceeding or liability arises solely from any act or omission involving fault on the part of the department.

Termination of use

You may cancel your registration for use of the portal at any time through contacting us at 13 28 46 or through other contact options that can be found here: https://business.gov.au/contact-us

We may immediately terminate your registration, access to and use of this portal by notice to you if we determine that you have breached any of these Terms.

We may suspend your registration, access to and use of this portal if we consider it necessary to protect our interests or those of any other person whilst we investigate any technical or operational issue or breach of security or a possible breach of these Terms.

We will not accept any communications or lodgements from you via this portal after your account has been closed.

Amendments to the terms

We may amend these Terms at any time, and you agree to be bound by any such amendments immediately upon notification of the amendments being posted on the portal. If you do not wish to be bound by any changes to the Terms, it is your responsibility to request termination of your registration to the portal. You will be bound by any changes until your registration is terminated.

Governing law and jurisdiction

These Terms are governed by the laws of the Australian Capital Territory. The parties submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.